Kentucky (1998)

Do college administrators have authority to censor the content of student yearbooks and newspapers?  Federal District Court Judge Joseph M. Hood says they do.  In the highly contentious Kincaid v. Gibson (1997) decision, Hood upheld the decision of Kentucky State University administrators to halt distribution of yearbooks and remove the advisor of the campus newspaper.

Many journalism faculty and professionals argue that his ruling, based upon a Supreme Court decision permitting censorship of high school publications, doesn't apply to a university setting.  "Student journalists at public colleges and universities are not minors and have enjoyed legal protections equal to those afforded the commercial media," states a resolution passed by the Association for Education in Journalism and Mass Communication (AEJMC).

However, KSU officials stand by their actions.  "From our perspective, it was merely a matter of the quality of the work, not the content of the work," explains Bruce Edwards, Director of Public Relations for KSU.  Campus administrators had criticized the yearbook's lack of focus on campus events and people and failure to highlight the school colors of green and yellow.

A legal defense is being prepared to appeal Hood's decision in the Sixth Circuit Court of Appeals.  AEJMC will be joining forces with the Student Press Law Center and journalism schools in at least 3 states to submit a friend of the court brief challenging Judge Hood's decision.

Groups submitting friend of the court briefs countering the Kincaid decision:

Association of Schools of Journalism and Mass Communication
Association for Education in Journalism and Mass Communication
Organization of College Media Advisors
Michigan State Journalism Department
Western Kentucky Journalism Department
Kent State Journalism Department
Student Press Law Center
Society for Professional Journalists
American Civil Liberties Union